Former federal prosecutor: ICE warrants do not give authority to enter homes

"The law is clear here," according to former U.S. Attorney Tim Purdon.

1 hour ago

Jim Monk,

Teyana Gibson Brown, standing in her doorway, wife of Garrison Gibson, reacts after a federal immigration officer used a battering ram to break down a door before arresting her husband, in Minneapolis. (AP Photo/John Locher, File)

FARGO (KVRR) – A former federal prosecutor from North Dakota says administrative warrants issued by Immigrations and Customs Enforcement officials do not give ICE agents the authority to enter private property and make arrests.

A leaked ICE memo claims officers can use force to enter homes and arrest someone based solely on an administrative warrant, a move that advocates say is clearly unconstitutional.

Former U.S. Attorney Tim Purdon says if someone knocks on your door and claims to have a warrant, you should ask to see a copy of it.

“And if it doesn’t have the name of a judge citing it, an actual judge of a federal or state court, doesn’t have the name of the federal or state court on the top and it doesn’t specifically set forth the property to be searched, then that’s not a search warrant. It does not allow the officer to enter your home,” said Purdon.

“The law is clear here. An ICE arrest warrant issued by an Immigration Court, an administrative agency of the Department of Homeland Security, is not a search warrant.”

The policy is expected to face legal challenges by advocacy groups.

The Associated Press obtained the memo and a whistleblower complaint from an official in Congress.